Santa Maria Municipal Code Ch. 4-16 Filming Activities

It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on location within the City. The intent of this chapter is to ensure that still photographers and motion picture, television, commercial, and non-theatrical filming companies will be encouraged to use locations for filming activities within the City so long as those activities are consistent with the public safety and the protection of property.

(Ord. 92-9, eff. 7/2/92)

"Applicant"

means the person, organization, corporation, association, or other entity applying for a permit to film in the City of Santa Maria.

"City"

means the City of Santa Maria.

"Film development office"

means the office designated to coordinate filming and issue film permits in the City of Santa Maria.

"Filming activity"

means the activity required for the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial, and non-theatrical film productions.

"Film permit"

means written authorization from the City to conduct the filming activity described in the permit.

"News purposes"

means a filming activity conducted for the purpose of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other media.

"Permittee"

means the person, organization, corporation, association, or other entity issued a film permit.

"Public street"

means any street or road maintained by the City and located within the City limits.

"Still photography"

means and includes all activity attendant to staging or shooting commercial still photographs.

"Student filming activity"

means filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

"Studio"

means a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. 92-9, eff. 7/2/92)

(a) It is unlawful to conduct a filming activity within the City as defined in Section 4-16.2 without first obtaining a film permit from the film development office. The recreation and parks department is designated as the film development office.

(b) A permit is issued by the film development office for the purpose of filming on City-owned, City-leased, or City-controlled real property including City streets. This permit does not constitute or grant permission to use or occupy property not owned, leased, or controlled by the City of Santa Maria. This permit must be in the possession of the permittee at all times while on location in Santa Maria.

(c) An applicant shall obtain the private property owner's permission, consent and/or lease for use of property not owned or controlled by the City. Proof of such permission shall be provided to the City prior to the issuance of a permit.

(Ord. 92-9, eff. 7/2/92)

The provisions of this chapter shall not apply to any of the following activities; provided, that the activity will not require the closure of a public street or substantially impede vehicular traffic thereon:

(a) Filming activities conducted for news purposes as defined in Section 4-16.2(6);

(b) Filming activities conducted at a studio as defined in Section 4-16.2(11);

(c) Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding;

(d) Noncommercial filming activities conducted on public or private property solely for private or family use;

(e) Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in Section 4-16.2, when the still photography, or staging thereof, will not be conducted on City property; or

(f) Filming activities conducted by or for the City.

(Ord. 92-9, eff. 7/2/92)

(a) Applications shall be filed at the film development office. Departments will strive to process the application the same day it is received.

(b) Applicants are encouraged to submit applications at the earliest advance date possible in order to facilitate coordination between City departments.

(c) Upon such showing of good cause, the film development office shall consider applications which are filed after the filing deadline if there is sufficient time to process and investigate the application, and for City staff to prepare for the filming activity.

(Ord. 92-9, eff. 7/2/92)

Each applicant shall provide the following:

(a) Completed application form;

(b) Consent form for property owner(s) whose property will be used for filming activity (sample form attached to the ordinance codified in this chapter);

(c) Map(s) drawn to scale showing the filming location and auxiliary facilities (i.e., dressing rooms, large vehicles, sanitation facilities);

(d) Name, address, and telephone number of person in charge of filming on location;

(e) Filming location(s), dates and approximate daily call times of proposed filming activity;

(f) Description of scenes to be filmed including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, stunts, filming of moving motor vehicles, watercraft or aircraft;

(g) Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;

(h) Filming insurance and indemnification agreement. Evidence of adequate insurance certification shall be demonstrated with a copy(ies) of such certifications attached to the application;

(i) A business license shall not be required unless the applicant plans to sell products or services within the City; and

(j) Such other relevant information as the film development office may require.

(Ord. 92-9, eff. 7/2/92)

(a) The application shall be approved or denied within one business day of receipt of the application unless the proposed filming activity requires extensive review by other City departments or other affected agencies. The film development office shall process the application and secure the necessary permits and clearances from required City departments (i.e., fire permit, parade permit). The permit applicant shall obtain any necessary encroachment permits from Cal Trans and coordinate any required approvals from utility companies. The film permit shall be approved by the film development office unless determined from consideration of the application or other pertinent information, that any of the following conditions exist:

(1) The filming activity will substantially disrupt traffic or interfere with the operation of emergency vehicles in the proposed permit area;

(2) The location of the filming activity will substantially interfere with street maintenance work or a previously authorized excavation permit;

(3) The proposed permit location is on City property or easements and the filming activity will substantially interfere with other previously authorized activities, contracts, or safety of the public or employees while on City property;

(4) The proposed permit location is on City property or easements and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of City facilities;

(5) The filming activity creates a substantial risk of injury to persons or damage to property;

(6) The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail;

(7) The particular filming activity would violate federal, state, or local law including licensing or permit requirements; and/or

(8) Neighborhood disruption or significant neighborhood protest due to filming activities.

(b) When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the film development office may impose such conditions rather than denying the permit.

(Ord. 92-9, eff. 7/2/92)

The film development office may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities as referenced in Attachment D to the ordinance codified in this chapter, "Film Permit Terms and Conditions," attached to the film permit, including but not limited to the following:

(a) Requirements for the presence of employees of the City or other public agencies at the applicant's expense, when required for the particular filming activity;

(b) Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense;

(c) Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners/businesses;

(d) Requirements concerning the cleanup and restoration of public streets, City property, and private property employed in the filming activity;

(e) Requirements concerning obtaining permission from any property owner(s) if filming activity will occur on private property;

(f) Requirements concerning the use of public property for filming activities;

(g) Requirements for the identification and parking of production vehicles;

(h) Requirements for the provision of sanitation facilities;

(i) Restrictions concerning the use of City or other public agency employee services, vehicles, and other equipment in the filming activity;

(j) Requirement that the permittee notify all tenants and property owners within up to 300 feet of the area in which filming will occur. The film development office shall determine when such mail notice is necessary;

(k) Requirements that the applicant pay all fees and obtain all permits and licenses required for the filming activity under local, state and Federal law;

(l) Restrictions on the use of firearms, explosives, and other noise-creating, flammable, or hazardous devices;

(m) Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes, or other hazardous materials;

(n) Requirements concerning cover up of police, fire, and other official uniforms worn by actors when the actors are not on camera;

(o) Restrictions concerning the use of City and other public agencies' logos, insignias, badges, or decals for filming purposes;

(p) Restrictions on the daily hours the filming activity may be conducted within the City;

(q) Requirements concerning the City's or other public agencies' receipt of proper acknowledgment for any assistance provided in making feature, television, or commercial productions; and

(r) Requirements concerning affirmative action and nondiscriminatory practices for employment.

(Ord. 92-9, eff. 7/2/92)

(a) No application fee shall be charged when an application is filed.

(b) The permittee shall pay all costs incurred by the City during filming activity. All fees shall be due and payable within 10 working days after an invoice from the City is received.

(Ord. 92-9, eff. 7/2/92)

Upon reasonable notice by the permittee in advance of the filming activity, the film development office is authorized to change the date for which the film permit has been issued without requiring a new application or permit.

(Ord. 92-9, eff. 7/2/92)

The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the forms, types, and amounts prescribed by the City Manager. Prior to the issuance of the film permit, the permit applicant must sign and file the filming insurance and indemnification agreement.

(Ord. 92-9, eff. 7/2/92)

Prior to the issuance of the film permit, the permit applicant must agree in writing to comply with the film permit terms and conditions.

(Ord. 92-9, eff. 7/2/92)

The permittee, and all agents, employees, and contractors of the permittee at the filming activity site within the City, shall comply with the following requirements:

(a) The permittee shall comply in writing with all film permit terms and conditions.

(b) The permittee shall not conduct a filming activity within the City not authorized by the filming permit.

(c) The permittee shall comply with the requirements established by the Santa Maria Police Department regarding security, ground and traffic control measures.

(d) The permittee shall comply with the requirements established by the Santa Maria Fire Department regarding special effects, pyrotechnics, explosives, hazardous materials, or other unsafe fire/life safety acts.

(e) The permittee shall comply with instructions made by City employees assigned to regulate the filming activity site.

(f) The permittee shall clean and restore all City-owned property and privately-owned property utilized during the filming activity to the same condition as existed prior to the filming activity.

(g) The permittee shall comply with this chapter and all other policies and ordinances of the City of Santa Maria and state and Federal law.

(Ord. 92-9, eff. 7/2/92)

The applicant for a film permit may request that the City authorize a street closure on the film permit application. The City engineer may require a traffic control plan; the permittee shall pay for any preparation costs. A parade permit shall be granted by the City Manager or his designee. The film development office shall coordinate the granting of this permit with the Public Works Department.

(Ord. 92-9, eff. 7/2/92)

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames, or explosives, a fire permit must be issued by the Santa Maria Fire Department. The film development office shall coordinate the granting of this permit with the Fire Department.

(Ord. 92-9, eff. 7/2/92)

(a) Permit Revocation. The film development office may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in this chapter, or if the film development office determines after the permit is issued that the permit application was false in any material detail.

(1) Notice of the grounds for revocation of the film permit shall be provided in writing by the film development office to the permit applicant or person in charge at the location of the filming activity.

(2) Appeals of the permit revocation shall be conducted in the manner specified in Section 4-16.17.

(b) Permit Suspension. The Santa Maria Police Department and/or Santa Maria Fire Department may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not or cannot prevent the hazard after being instructed to do so by the officer(s).

(1) The grounds for the permit suspension shall be provided in writing by the film development office to the permittee within one business day of the suspension.

(2) Appeals of the permit suspension shall be conducted in the manner specified in Section 4-16.17.

(Ord. 92-9, eff. 7/2/92)

(a) The permit applicant or permittee may appeal a permit denial, revocation, suspension, permit condition, insurance/fees requirement or the film development office's decision not to waive a deadline set forth in this chapter. Such appeal shall be filed with the City Manager's office not later than five business days after the date written notice of the decision is made. Failure to file timely appeal shall result in a waiver to the right to appeal.

(b) The appeal shall be heard by the City Manager or his designee. The City Manager or his designee shall hold a hearing no later than five business days after the filing of the appeal and shall render his decision not later than two business days after the appeal hearing. The decision of the City Manager shall be final.

(Ord. 92-9, eff. 7/2/92)

The violation of any provisions of this chapter shall constitute a misdemeanor.

(Ord. 92-9, eff. 7/2/92)